The Polish constitution’s language and structure reflect a power balance between the legislative, executive, and judicial branches. This equilibrium is designed to prevent the concentration of power in any one branch, fostering democratic stability and accountability.
In the Polish constitution, the powers of each branch are defined as follows:
1. Legislative Branch:
The legislative branch, represented by the **Sejm and the Senate**, holds significant powers. It is responsible for passing laws, amending the constitution, and overseeing the execution of policies through the enactment and repeal of legislation.
- Article 95(1): The Sejm and the Senate exercise legislative power in the Republic of Poland.
- Article 118-123: Define the legislative process, including the initiative, discussion, and passage of laws.
- Article 235: Describes the procedure for constitutional amendments, including the requirement of a two-thirds majority in the Sejm and an absolute majority in the Senate.
The separation of powers within the legislative branch is further emphasized, with each chamber having distinct roles and responsibilities. For instance, the **Sejm** is typically more representative of the popular will, while the **Senate** serves as a chamber of expertise and regional representation.
2. Executive Branch:
The executive branch, headed by the **President**, has its powers defined primarily in terms of enforcement of laws and protection of citizens’ rights. This enforcement role ensures that the executive branch is actively involved in implementing the policies determined by the legislative branch.
- Article 10(2): Executive power is exercised by the President of the Republic of Poland and the Council of Ministers.
- Article 126-145: Cover the role and responsibilities of the President.
- Article 144: Lists the prerogatives of the President, including appointing judges (with the consent of the National Council of the Judiciary).
- Article 133: Gives the President authority in foreign affairs.
- Article 134: Outlines the President’s role as Commander-in-Chief of the Armed Forces.
3. Judicial Branch:
The judicial branch, symbolized by the **Supreme Court**, holds critical powers in the interpretation and application of the constitution. This judicial review function is essential for maintaining accountability towards the rule of law and for serving as a check against any potential overreach by the other branches.
- Article 10(2): Judicial power is exercised by courts and tribunals.
- Article 173: Courts and tribunals shall constitute a separate power and shall be independent of other branches.
- Article 183-186**: Define the role of the **Supreme Court**, **common courts**, and the **National Council of the Judiciary**.
- Article 188**: The Constitutional Tribunal adjudicates the conformity of statutes with the Constitution, serving as a key check on legislative and executive actions.
4. Balance of Powers:
The Polish constitution explicitly establishes a **balance of powers** among the three branches.
- Article 10(1): The system of government is based on the separation and balance of legislative, executive, and judicial powers.
- Each branch is assigned distinct responsibilities: lawmaking (legislative), enforcement and administration (executive), and constitutional oversight and interpretation (judicial).
- Article 126(2) The President is the guardian of the Constitution, sovereignty, and security of the state, reflecting executive responsibility in maintaining balance.
This separation of powers ensures that no single branch can monopolize power and that each branch can serve as a check on the others.
5. Constitutional Amendments:
The Polish constitution provides a process for **amending its own text**, which is rigorous and designed to prevent hasty changes.
- Article 235(1-6) Requires a two-thirds majority in the Sejm in the presence of at least half of all deputies, and an absolute majority in the Senate. A referendum may also be called under certain circumstances.
This mechanism is critical for maintaining the stability of the constitutional framework and reinforces the role of all three branches in collective governance.
Conclusion : the Polish constitution’s language and structure reflect a deliberate effort to establish a balanced power distribution among the legislative, executive, and judicial branches. This balance is intended to promote democratic sustainability, accountability, and stability.